DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tutt Bryant Group Limited
(AG2015/4472)

TUTT BRYANT GROUP LIMITED PERTH METROPOLITAN WET HIRE SERVICES ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 SEPTEMBER 2015

Application for approval of the Tutt Bryant Group Limited Perth Metropolitan Wet Hire Services Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Tutt Bryant Group Limited Perth Metropolitan Wet Hire Services Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tutt Bryant Group Limited. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 3 September 2015 and, in accordance with s.54, will operate from 10 September 2015. The nominal expiry date of the Agreement is 3 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Tutt Bryant Group Limited, which sought approval for the Perth Metropolitan Wet Hire Services Enterprise Agreement 2015. The applicants were seeking to have the agreement registered under the Fair Work Act 2009. The primary dispute was whether the agreement met the requirements of the Act and was therefore eligible for registration.

The legal issues the court needed to address included whether the agreement had been genuinely negotiated between the employer and the employees' representatives, whether it covered the necessary procedural aspects, and if it provided for the appropriate minimum terms and conditions. Additionally, the court needed to determine if the agreement was in compliance with the "better off overall test" which required that employees should not be worse off financially under the new agreement compared to their previous conditions.

The Fair Work Commission found that the agreement had been genuinely negotiated and that it contained all the necessary procedural elements. The court further determined that the agreement was in compliance with the "better off overall test". The commission approved the registration of the agreement, finding that it met all legislative requirements and provided for fair terms and conditions for the employees.

As a result of the court's decision, the Perth Metropolitan Wet Hire Services Enterprise Agreement 2015 was registered, and the applicants were able to implement the new terms and conditions for the employees covered by the agreement.

Tutt Bryant Group Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established